07 September 2010

Anti-Tancredo Suit Likely To Fail

Two Colorado voters, both registered Republicans, filed suit in Denver District court today in an attempt to stop Colorado Secretary of State Bernie Buescher from placing third-party candidate Tom Tancredo’s name on the November ballot. . . .

[They] allege that Tancredo is not qualified or eligible to be the American Constitution Party’s nominee because his nomination violates state law and the party’s bylaws and rules.

Colorado law says that a nominee cannot be “registered as a member of a major political party for at least twelve months prior to the date of the nomination” unless ACP bylaws say otherwise. Plaintiffs allege that nothing in the party’s bylaws supercede Colorado law.

This would be a great lawsuit, except that Article 11, Part 1 of the bylaws of the ACP, which I read when Tancredo was nominated and discussed in a comment at Colorado Pols at the time, expressly do allow someone who hasn't been registered for at least twelve months prior to the date of the nomination to be nominated as a candidate of the party.

Absent really miserable ACP/Tancredo lawyering, I expect that this lawsuit will be summarily dismissed.